The legal profession isn’t known for its sense of humor. On the contrary, most attorneys take themselves way too seriously. As a result, we see some pretty ridiculous attorney advertising that ends up being unintentionally funny. And while we’re happy to poke gentle fun at these websites and ads, our commentary isn’t always well received. Because another thing that lawyers aren’t known for is the ability to accept criticism.
Knoxville attorney Stephen A. Burroughs, a personal injury and auto accident lawyer and my new favorite person, is an exception to these rules. Anyone from the Knoxville area is likely familiar with Burroughs, having seen his serious, bearded face on billboards all over town.
The ads were so ubiquitous, and Burroughs’s gaze so smoldering and intense, that someone created a Facebook page devoted to Stephen A. Burroughs Memes, transforming Burroughs into Knoxville’s answer to The Most Interesting Man in the World. As the Facebook page gained popularity, the funny memes started pouring in.
Even better than the jokes, though, was Burroughs’s unexpectedly awesome response….
Every time we do a post about a crazy attorney website, our readers send in even more tips about the seemingly endless supply of wacky websites that are out there (which we appreciate, so keep ‘em comin’). Rarely, however, do we get a tipster begging us to place a fellow attorney in Above the Law’s crosshairs. Until now: “Can you please, please profile this guy, Mark Davis from Toledo, Ohio?” Well, since you asked so nicely….
As far as we can tell from his many, many websites, Mark A. Davis, a solo practitioner in Ohio and Michigan, is a sort of jack-of-all trades who aims to corner the market in all ways possible. In his own words: “Attorney Mark Davis, founder of The Davis Law Office has always lived his life to accomplish nothing less than excellence.”
Here, excellence means, among other things, being able to break bricks with his bare hands (sadly, the video links to these feats are “private” and can’t be viewed). In his opinion, your attorney should not only excel in the courtroom, but “should be mentally tough and a gentleman warrior.”
This gentleman warrior has taken to fighting the good fight on almost all possible legal fronts. Really, it seems that there is nothing that his guy hasn’t tried to do, both in the courtroom and out. From martial arts to starving horses, keep reading to uncover the many talents of Mark Davis….
The classic example was when General Motors chose to name one of its cars the Chevrolet “Nova.” In Spanish, “no va” means “it does not go,” which isn’t a great name for a car sold in Spanish-speaking countries. I’d bet that a few hundred Spanish-speaking employees of GM noticed that issue before the car hit the market, but no one bothered to speak up.
Let me offer two more examples of failing to speak up, with both examples coming at my own expense. (I wish I weren’t such an easy target, but such is life.)
The first example involves a law firm. Twenty-two years ago, as a lateral sixth-year associate, I accepted a job at Jones Day in Cleveland. I saw during the hiring process, and again when I sat down at my desk on the first day of my new job, that all of the firm’s promotional materials included the firm’s marketing slogan: “Jones Day: One Firm Worldwide.”
I’d been practicing law for six years at that point, so I was a relatively sophisticated lawyer, although by no means an old hand. Perhaps older and wiser folks looked at the tagline “one firm worldwide” and thought: “Terrific! I’m going to hire those guys because they’re one firm worldwide!”
But that wasn’t how it struck me. I sat there scratching my head: How many firms was I supposed to think Jones Day was? Two firms? Three firms? A half-dozen? And why was the apparent misperception — that Jones Day was more than one firm — so widespread that the firm devoted its main branding opportunity to dispelling this confusion? Of the many praiseworthy things that could surely be said about my new employer, why did the fact that it was only “one firm” top the list? Wouldn’t it be slightly more helpful to say, for example, “Jones Day: Pretty Good Lawyers”? Would the Jones Day slogan make sense for any other big firm? Would “General Motors: One Firm Worldwide” be a useful marketing tool? What the heck was going on?
I am not proud to admit this, but it is possible that my three-year-old niece knows more about branding than I do. I learned this the other day when I was reading my niece one of her favorite books, Fancy Nancy.
For those of you who not know Nancy, she is a little girl who loves to dress fancy, act fancy and talk fancy. For example, this little girl does not say that her favorite color is purple. She prefers fuchsia, a word that is “fancy” for purple. Similarly, Nancy does not want a new hairdo. No, Nancy uses the fancy word “coiffure” instead. For some reason, my niece loves Nancy, but I think she is a showoff. When asked why she loves the know-it-all Nancy, my niece explained that she made things sound better.
Maybe my niece had a point. If you want your small firm to sound better, then use fancy words. As Nancy would explain, do not call yourself a “trial lawyer.” Everyone knows that “litigator” is fancy for trial lawyer. Or is it?
Yesterday was the last day of July, and baseball fans know that this day is important because it’s the trade deadline. (Seamheads and baseball lawyers understand that it’s actually only the nonwaiver-trade deadline, but why take the fun out of it?) So I spent some time this weekend following the interwebs to see whether the Red Sox would do anything to improve their league-leading team (and even better, thwart the Yankees from improving at the same time).
At one point, there were reports that the Red Sox had traded for A’s pitcher Rich Harden. But the Sox scuttled the deal once they learned that the oft-injured Harden had a hospital bracelet tattooed on his arm to save time. (They ended up acquiring left-handed pitcher Erik Bedard, who is injured slightly less often than Harden.)
But as I was watching the annual trade-deadline special on the New England Sports Network after Sunday’s game (apparently, I have no life), I saw a laptop commercial that only a law firm could appreciate.
Whose ad it was and why it made me think of the sorry state of law-firm marketing, after the jump.…
But did you know that Paul Hastings also has a video to go along with their rebranding? Oh yes they do! Clearly, Messrs. Janofsky and Walker were just way too inside the box for the new and exciting Paul Hastings…
We always appreciate when our readers send us tips about the seemingly endless supply of crazy lawyer websites and advertisements that are floating around in cyberspace. Just when we thought we’d seen it all, someone out there goes and raises the bar of craziness.
When we received a tip pointing us to the website of Barry Glazer in Baltimore, we actually thought it might be fake. Honestly, it almost seemed too ridiculous to be true.
Fortunately for all of us, Barry Glazer is quite real. Apparently his TV commercials have made him something of a legend in the Baltimore area, and not without good reason. One look at Mr. Glazer’s tagline tells us that we’re not dealing with your average lawyer:
“Legal advocate for the injured, disabled, and urinated upon”
Yes, you read that right. For four decades, Barry Glazer has been mounting a one-man crusade against insurance companies. In keeping with what appears to be a urine fixation on Mr. Glazer’s part, many of his ads deliver a simple message to these companies:
“Don’t urinate on my leg and tell me it’s raining.”
These pee-centric statements are just the tip of the iceberg that is the eccentricity of Barry Glazer. If nothing else, he is certainly the most interesting lawyer you’ll encounter all day.
Law firm advertising is expensive and certain methods may be cost-prohibitive for small firms. For instance, a small firm may not be able to afford a television or print campaign. Enter online marketing including, among other things, Google AdWords and sponsored links. In 2009, a law firm filed a lawsuit in Wisconsin state court challenging certain marketing strategies as an invasion of privacy, as defined in the Wisconsin privacy statute. Luckily for consumers and small firms, the court disagreed.
The case involved the two most prominent personal injury firms in Wisconsin. One of them, Cannon & Dunphy, used a Google AdWords PPC (price-per-click) strategy (and other search engines) to bid on the name of the state’s largest personal injury firm, Habush, Habush & Rottier. In other words, when a user would search the terms Habush or Rottier, a Cannon & Dunphy link would show up in the shaded section as a Sponsored Link.
Habush sued Cannon, alleging that Cannon’s online marketing campaign violated Wis. Stat. §995.50. That statute prohibits “the use, for advertising purposes or for purposes of trade, of the name . . . of any living person, without having first obtained the written consent of the person,” and provides a cause of action where such an invasion of privacy was unreasonable.
The other day, I was watching television and I saw several commercials advertising divorce firms and personal injury firms. One ad featured a scene of nursing home neglect, followed by dramatic music and terms like “BEDSORES,” flashed across the screen in all-caps. Another ad featured William Shatner asking me if I needed legal help.
Two thoughts came to mind after watching these ads: (1) what shady television shows was I watching that would cause a legal marketer to decide that I was part of the target audience for people with issues relating to BEDSORES, and (2) does anyone actually decide to seek out a lawyer based on these seemingly ridiculous ads?
So I decided to investigate television advertising as a marketing technique for small and solo practitioners. Who, if anyone, stands to benefit from using television advertising?
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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